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High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
An examination of how the constitutional frameworks for autonomies around the world really work.
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. The long ascendancy of pluralism and 'collective laissez-faire' as a guiding ideology of British labour law was emphatically shattered by the New Right ideology of Thatcher and Major. When New Labour was finally returned to power in 1997, it did not, however, attempt to resurrect the pre-Thatcher preference for pluralist non-intervention in collective industrial relations. Instead, it purported to follow a 'Third Way'. A centrepiece of this new approach was the statutory recognition provision, introduced in Schedule A1 TULRCA 1992. By breaking with the tradition of voluntarism in respect of recognition of trade unions, New Labour sought to provide a model of collective labour law which combined legal support with control through juridification. A closer study of both the history of approaches to recognition and the current provisions opens up fundamental questions as to the nature of this new model and the ones it aimed to replace. This book uses political philosophy to elucidate the character of those historical approaches and the nature of the 'Third Way' itself in relation to statutory union recognition. In particular, it traces the progressive eclipse of civic republican values in labour law, in preference for a liberal political philosophy. The book articulates and defends a civic republican philosophy in terms of freedom as non-domination, the intrinsic value of democratic participation through deliberative democracy, and community. This can be contrasted with the rights-based individualism and State neutrality characteristic of the liberal approach. Despite the promise of civic community in the 'Third Way' rhetoric, this book demonstrates that the reality of New Labour's experiment in union recognition was an emphatic reassertion of liberalism in the sphere of workers' collective rights. This is the first monograph to offer a sustained critical analysis of legal approaches to trade union recognition. It will be of particular interest to labour lawyers, but also a wider audience of scholars in political philosophy and industrial relations.
History of the First Truth and Reconciliation Commission in the United States
The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
This book, first published in 2000, is a full-length study of the representation of deceit and lies in classical Athens. Dr Hesk traces the ways in which Athenian drama, democratic oratory and elite prose-writing construct and theorize a relationship between dishonesty and civic identity. He focuses on the ideology of military trickery, notions of the 'noble lie' and the developing associations of rhetorical language with deceptive communication. Deception and Democracy in Classical Athens combines close analysis of Athenian texts with lively critiques of modern theorists and classical scholars. Athenian democratic culture was crucially informed by a nuanced, anxious and dynamic discourse on the problems and opportunities which deception presented for its citizenry. Mobilizing comparisons with twentieth-century democracies, the author argues that Athenian literature made deception a fundamental concern for democratic citizenship. This ancient discourse on lying highlights the dangers of modern resignation and postmodern complacency concerning the politics and morality of deception.
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